William Hampton v. Federal Correctional Complex


UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to proceed in forma pauperis (FRAP 24) [999622019-2]; denying other pending Motions [999655495-2], [999655487-2], [999655484-2], [999655481-2], d[999655477-2]; [999655491-2] as moot. Originating case number: 1:15-cv-00464-CMH-TCB. Copies to all parties and the district court. [999671949]. Mailed to: William Hampton. [15-6890]

Download PDF
Appeal: 15-6890 Doc: 18 Filed: 10/05/2015 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-6890 WILLIAM DOUGLAS HAMPTON, Petitioner – Appellant, v. FEDERAL CORRECTIONAL COMPLEX; ERIC D. WILSON, Warden; MAURICE DANZEY, Associate Warden; L. HUMPHREY, Recreation Supervisor; R. SPEARS, Education Supervisor; R. HUTCHINGS, Associate Warden; D. DICOCCO, Health Services Administration; M. REYNOLDS, Director of Psychology; P. HILLETEWORK, Mid-Level Practitioner; S. HARRIS, Legal Administrator; A. LEWIS, Associate Warden; K. KIDDY, Unit A/B Manager, Respondents - Appellees. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Claude M. Hilton, Senior District Judge. (1:15-cv-00464-CMH-TCB) Submitted: September 10, 2015 Decided: October 5, 2015 Before DUNCAN, DIAZ, and HARRIS, Circuit Judges. Vacated and remanded with instructions by unpublished per curiam opinion. William Douglas Hampton, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. Appeal: 15-6890 Doc: 18 Filed: 10/05/2015 Pg: 2 of 3 PER CURIAM: William Douglas Hampton appeals the district court’s order denying relief on his motion to present evidence. The district court construed Hampton’s motion as a 28 U.S.C. § 2241 (2012) petition and dismissed it because the relief Hampton sought was not cognizable under § 2241. analysis regarding § 2241 While the district court’s legal was correct, we conclude from our review of the record that Hampton was attempting to file his motion as part of his ongoing declaratory rather than as a new § 2241 action. judgment action, * We therefore grant leave to proceed in forma pauperis, vacate the district court’s order, and remand with instructions to strike the § 2241 action, No. 1:15-cv-00464, transferring pending from all the of declaratory district Hampton’s judgment court’s motions action, to No. the docket docket after of 1:15-cv-00318. express no opinion regarding the merits of the latter case. deny as moot all of Hampton’s motions filed in this his We We court, including his motions for declaratory judgment, for discovery, to enjoin, to raise a judicial question, to present exhibits, and to present government grievances. We dispense with oral argument because the facts and legal contentions are adequately * See Hampton v. Fed. Corr. Complex Petersburg, No. 1:15-cv00318-CMH-TCB (E.D. Va.). 2 Appeal: 15-6890 Doc: 18 Filed: 10/05/2015 Pg: 3 of 3 presented in the materials before this court and argument would not aid the decisional process. VACATED AND REMANDED WITH INSTRUCTIONS 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?